HomeMy WebLinkAboutKRIEG DEVAULT LLP- 002416-10/20/2011umrtmtL. 11CUCVCLUYMCry 1 LAJIVIIVIIbbION
•
Krieg Devault LLP
One Indiana Square
Suite 2800
Indianapolis, IN 46204 -2079
Invoice
306470
Claims services
P.O. Num.
002416
Check: 2416
Date: 10/20/2011
Vendor: KRIEGDE1
Prior
Invoice Amt Balance Retention Discount Amt. Paid
24,102.08 24,102.08 0.00 0.00 24,102.08
0.00
24,102.08 24,102.08
0.00
24,102.08
THE TO DOCUMENT SECURITY, 'HEAT ACTIVATED THUMB PRINT ADDITIONAL -SECURITY FEATURES: INCLUDED SEE BACK' FOR DETAILS '
CARMEl.�1
Carmel Redevelopment Commission
30 West Main Street
Suite 220
Carmel, IN 46032
PAY
TO THE
ORDER
OF-
10/20/2011 * * * * * * * ** *24,102.08
THE SUM OF TWENTY FOUR THOUSAND ONE HUNDRED TWO DOLLARS AND 08 CENTS * *" * * * * **
Krieg DevaultLLP,
One_,Indiana Square
Suite 2800
Indianapolis, IN 46204 -2079,
00024061I° ' :0740 h 31: 00E17504b��II°
CARMEL REDEVELOPMENT COMMISSION
Krieg Devault LLP
One Indiana Square
Suite 2800
Indianapolis, IN 46204 -2079
Invoice
306470
Claims services
P.O. Num.
X -11- 52 COMPUTEREASE FORMS DIVISION (877)577 +5791 T -37228
002616
Check: 2416
Date: 10/20/2011
Vendor: KRIEGDE1
Prior
Invoice Amt Balance Retention Discount Amt. Paid
24,102.08 24,102.08 0.00 0.00 24,102.08
24,102.08 24,102.08 0.00 0.00 24,102.08
KCA
I<RIEG I DEVAULT
Carmel Redevelopment Commission
Les Olds, AIA, Executive Director
30 West Main Street, Suite 220
Carmel, IN 46032
September 22, 2011
Invoice Number 306470
Performing Arts Center Claims
One Indiana Square
Suite 2800
Indianapolis, IN 46204 -2079
T: 317.636.4341
F: 317.636.1507
Fed. EIN # 35- 1055087
W W W.KRIEGDEVAULT.COM
Our File #: CRML 00001 ABB
FOR PROFESSIONAL SERVICES RENDERED THROUGH August 31, 2011
07/05/11 BSS Researched issue of forum selection clause providing exclusive jurisdiction
in state court compelling remand following removal and summarized
research.
07/06/11 BSS Analyzed Notice of Removal, appearance, motion for extension and related
filings submitted by Defendants to federal court and notice sent of same to
Hamilton County court. Worked on Legal Hold Notifications. Phone
conference regarding extension to responsive pleading. Analyzed
folders /files of digital documents stored to prepare exportation to electronic
e- discovery database.
08/01/11 BSS Analyzed SSE's Answer and Counterclaim. Calendared responsive
deadlines. Strategized regarding affirmative defenses. Worked on drafting
Answer to Counterclaim. Researched response deadlines for response to
Motion to Remand.
08/01/11 RSS SSE matters; Work on matters related to litigation and strategy going
forward; analyze response issues; correspond with Les Olds and Karl Haas
on matters related to filings; correspond with Kris Altice on matters related
to litigation; correspond with Nick Nizamoff on filings; analyze issues
related to the same;
08/01/11 TJC Addressed case strategy matters involving SSE, including disclosure of
materials, remand, and response to naming of non - parties potentially liable.
2.00 hrs
1.75 hrs
2.60 hrs
3.75 hrs
1.00 hrs
CRM.L 00001
Invoice# 306470
Addressed issues related to LHB and devised strategy as a way forward.
08/02/11 BSS Researched issues relating to non -party being identified in answer and
counterclaim and standards /requirements /limitations on amending
complaint to name non - parties; prepared summary of research.
Page 2
1.50 hrs
08/02/11 RSS Analyze issues related to nonparty issues; 0.50 hrs
08/02/11 TJC Analysis of options and impediments to adding additional defendants to 0.25 hrs
existing matter involving SSE.
08/03/11 BSS Researched and analyzed issues relating to statute of repose /statute of 0.50 hrs
limitations for real property and effect to the facts at hand.
08/03/11 RSS Analyze legal issues re. litigation matters, discovery and claim matters; 0.50 hrs
08/03/11 TJC Review and analysis of research related to statute of limitations; considered 0.50 hrs
application to potential claims of entities currently subject to tolling
agreements.
08/08/11 RSS Review and analyze issues regarding Motion to Remand, Answer and
Counterclaim and issues related to the same; work on strategy and review
of matters related to the same; follow up on filing matters and issues on the
same;
08/09/11 BSS Researched issues relating to statute of repose for initiation of action for
construction defects on improvements to real property following substantial
completion, Ind. Code 32- 30 -1 -5, and prepared summary of research.
Worked on drafting answer to counterclaim. Analyzed Response in
Opposition to Remand to State Court. Reasearched reply deadlines and
strategized regarding response brief filed by SSE /Ohio Farmers.
2.50 hrs
2.50 hrs
08/09/11 RSS Review and analyze strategy issues; follow up on the same; review and 1.25 hrs
analyze matters related to Motion to Remand and Counterclaim; strategize
on the same;
08/09/11 TJC Analysis of repose issues as it relates to tolling agreements. Receipt and 1.25 hrs
review of response to motion to remand filed by SSE and Ohio Surety.
Outlined thoughts, and research necessary to frame reply.
08/10/11 BSS Analyzed Response to Motion for Remand. Researched case law in 2.00 hrs
support of issues for use in Reply brief. Strategized regarding theories
propounded by SSE and surety and countering the same.
08/10/11 RSS Analyze issues related to Response to Motion to Remand; follow up on the 0.25 hrs
same;
08/10/11 TJC Analysis of removal issues; reviewed statutes related to removal and 0.50 hrs
outlined principle that each defendant must have right to remove case to
CRM:L 00001
•Invoice# 306470
federal court.
08/11/11 BSS Worked on drafting/revising Answer to Complaint. Researched issues in
support of Reply brief for Motion for Remand. Drafted Reply brief.
Strategized regarding issue related to naming non - parties, proceeding with
arbitration against LHB, producing Walter P. Moore's report to SSE, and
discovery to SSE.
Page 3
2.60 hrs
08/11/11 RSS Analyze issues related to remand and issues on the same; 0.25 hrs
08/11/11 RSS Analyze strategy on remand and removal matters; work and review of the 2.50 hrs
same; review and analyze caselaw and related matters in preparation of the
same;
08/11/11 TJC Analysis of case law cited by Ohio and SSE in support of their response to
motion to remand. Determined basis upon which their case law is
distinguishable and not controlling. Analysis of whether to add LHB, CSO
and SS to existing action via amended complaint. Outlined strategy for
way forward with Walther P. Moore. Analysis of whether to produce
copies of draft of fact report.
1.75 hrs
08/12/11 BSS Worked on drafting Reply brief in support of Motion to Remand to State 3.30 hrs
Court and researched issues in support thereof.
08/15/11 BSS Worked on drafting/revising Reply brief in Support of Motion to Remand 2.50 hrs
to State Court. Researched case law relative to validity of forum selection
clauses of waiver of consent to removal compelling court's remand to state
court.
08/15/11 RSS Analyze issues related to Remand and Counterclaim; work and analyze 1.50 hrs
strategy matters related to the same.
08/16/11 BSS Drafted /revised Reply Brief in Support of Remand. Researched case law in 3.30 hrs
support and analyzed support cited by Defendants.
08/16/11 RSS Analyze outstanding matters; follow up on the same; call with Les Olds on 1.25 hrs
matters related to litigation; call with Matt Worthley on the same; follow
up and analyze issues related to the smae;
08/16/11 TJC Revised draft reply on remand issues. 1.50 hrs
08/17/11 BSS Worked on drafting Answer to Counterclaim. Drafted /revised Reply Brief 2.10 hrs
in Support of Motion to Remand.
08/17/11 RSS Analyze issues related to matters involving Motion to Remand; 1.25 hrs
08/17/11 TJC Final revisions to reply in further support of motion for remand. Analysis 1.50 hrs
of next steps viz parties not in current suit. Analysis of options related to
joinder, initiation of arbitration, or more informal means.
CRML•00001 Page 4
Invoice# 306470
08/18/11 BSS Drafted /revised Answer to Counterclaim. Worked on drafting/revising
Reply in Support of Remand and researched issue of performance bond
incorporating underlying contract obligating surety to forum selection
clause.
3.30 hrs
08/18/11 RSS Review and analyze issues related to litigation and strategy; follow up on 3.00 hrs
the same; analyze damages and matters related to strategy;
08/18/11 TJC Revised and edited draft of reply in support of remand based upon principle 2.75 hrs
that surety stands in the shoes of the principal. Revised and edited draft of
answer to counterclaim filed by SSE. Strategy i /c /w Walter P. Moore and
next steps with LHB.
08/19/11 BSS Worked on drafting and revising Reply in Support of Motion to Remand to
State Court and prepared related submissions to filing with Court.
Researched and analyzed case law for inclusion in Reply brief.
Drafted /revised Answer to Comlpaint. Strategized regarding case law cited
in support and researched additional authority. Drafted /revised Answer to
Counterclaim.
2.20 hrs
08/19/11 RSS Work on reply to remand and analyze issues related to the same; 0.75 hrs
08/19/11 RSS Work on mation to remand and analyze issues related to the same; Call 1.50 hrs
with Shiel on matters related to litigation; follow up on the same;
08/19/11 TJC Final review of reply brief in support of motion for remand. 0.50 hrs
08/22/11 BSS Drafted/revised Answer to Counterclaim and strategized regarding 0.75 hrs
affirmative defenses.
08/22/11 RSS SSE: Review and analyze issues related to complaint and issues involving 3.75 hrs
counterclaim; work on reply and analyze issues related to strategy and the
reply; follow up with Walter P Moore on matters related to case; calls with
Shiel on matters related to case and going forward issues;
08/22/11 TJC Final review, edit of answer and affirmative defenses to counterclaim of 0.80 hrs
SSE. Strategize regarding next steps with Walter P. Moore.
08/23/11 RSS Analyze issues related to strategy and going forward matters; follow up on 0.50 hrs
the same;
08/24/11 RSS Crider /Hagerman; Analyze issues related to strategy and issues going 0.50 hrs
forward; follow up on the same;
08/25/11 RSS Analyze issues related to expert matters and issues going forward; follow 0.75 hrs
up on the same;
08/26/11 BSS Analyzed remand filings and researched pending deadlines. 0.25 hrs
'CRML.00001 Page 5
Invoice# 306470
08/26/11 RSS Crider: Calls to Tom Pastore regarding matters related to dirt pile and 0.25 hrs
settlement issues; follow up on the same;
08/26/11 RSS Walter P Moore call; strategy analysis and work on the same; call on the 2.50 hrs
same;
08/26/11 TJC Prepared for and participated in lengthy conference call with Walther P. 1.75 hrs
Moore. Follow up planning regarding liability analysis and use of expert
analysis and testimony in connection with pending matter with SSE, as
well as potential claims against other potentially responsible parties.
08/29/11 RSS Review and analyze issues related to claim matters; follow up on the same; 0.25 hrs
08/30/11 RSS Call with Tom Pastore on Crider matters; call with Shiel on matters related 0.75 hrs
to the same; follow up with Mike Anderson on the same; analyze issues
related to claim and outstanding matters;
08/31/11 RSS Review and analyze issues related to Crider matters; 0.25 hrs
Total Fees for this Matter: 77.45 hrs $23,358.25
TJC Costakis, Thomas J. 14.05 hrs 435.00/hr 6,111.75
RSS Schein, Robert S. 30.25 hrs 340.00 /hr 10,285.00
BSS Strawbridge, Bryan S. 33.15 hrs 210.00/hr 6,961.50
Total: 77.45 hrs $ 23,358.25
Photocopies 1.20
08/18/11 Computerized Research - Westlaw 742.63
Total Disbursements for this Matter: $ 743.83
TOTAL FEES: $ 23,358.25
TOTAL DISBURSEMENTS: $ 743.83
TOTAL CHARGES FOR THIS BILL: $ 24,102.08
This invoice is due upon receipt.
Please make checks payable to Krieg DeVault LLP and reference the invoice number.
Prescribed by State Board of Accounts
ACCOUNTS PAYABLE VOUCHER
CITY OF CARMEL
City Form No. 201 (Rev. 1995)
An invoice or bill to be properly itemized must show: kind of service, where performed, dates service rendered, by
whom, rates per day, number of hours, rate per hour, number of units, price per unit, etc.
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I hereby certify that the attached invoice(s), or bill(s), is (are) true and correct a • -'�• ted same in accordance 2._
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ALLOWED 20
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Board Members
I hereby certify that the attached invoice(s), or
bill(s) is (are) true and correct and that the
materials or services itemized thereon for
which charge is made were ordered and
received except
/o - -// 20 /7
ge Director
Carmel Reigiksiopment Commission